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(영문) 인천지방법원부천지원 2020.02.07 2019가단7053
건물인도
Text

1. The defendant against the plaintiffs

(a) deliver a part of the building indicated in the attached list;

(b) 27,500,000 won and its corresponding;

Reasons

1. Facts of recognition;

A. On October 19, 2018, the Plaintiffs agreed to lease the part of the building indicated in the order (hereinafter “instant building”) that they shared in shares of 1/2 of each of the 1/2 shares to the Defendant as the deposit amount of KRW 100,000,000, the rent of KRW 10,000,000, and the value-added tax thereon as the remainder payment on the first day of each month, and the duration of the lease to the Defendant from December 1, 2018 to November 30, 2020.

B. On March 15, 2019, the Defendant did not pay rent and value-added tax except for the payment of the sum of KRW 11,000,000,000 for rent and value-added tax for it. The Plaintiffs notified the Defendant of the termination of the said lease contract on June 7, 2019.

[Ground of recognition] The fact that there is no dispute, Gap 1-5, and the purport of the whole pleading

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim 1, the above lease was lawfully terminated.

As such, the defendant delivers the part of the building of this case to the plaintiffs, and from January 1, 2019 to the same year.

5. Regarding the rent of KRW 50,000 for the period from June 2, 2019 to the delivery date of the above building and value-added tax of KRW 5,00,000 for the period, KRW 27,50,000 for the total of KRW 5,000 for the period from KRW 5,000 for the total of KRW 55,000 for the period and KRW 1/2 for the total of KRW 5,000,000 for each of them, and damages for delay at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 20, 2019 to the date of complete payment for the period from June 20, to the day of complete payment, as sought by the Plaintiff, each of them is liable to pay KRW 5,500,00 for the rent, value-added tax or value-added tax for each of them.

2 The plaintiffs asserted that the defendant should pay 625,000 won as management expenses to the plaintiffs, each of five months from January 1, 2019 to 250,000 won per month, respectively, from January 1, 2019 to 250,000 won per month, but the defendant shall pay management expenses to the plaintiffs.

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